INDIGENOUS PEOPLES: GLOBAL ISSUES -
COURSE PACKET (FALL 1997)

Prof. Peter d'Errico, Legal Studies Department

This course examines the historical and theoretical framework of international law and politics affecting indigenous peoples, in the context of contemporary issues. It is part of the curriculum for the Certificate Program in Native American Indian Studies at the University of Massachusetts, Amherst.

A. Introduction

• 1. John Bonsignore, "Multinationals and the United Nations: A Working Paper" (Amherst: Department of Legal Studies, 1996), 26-37.

B. Draft United Nations Declaration of the Rights of Indigenous Peoples, UN Doc E/CN.4/1995/2; E/CN.4/Sub.2/1994/56.

• 1. Glenn T. Morris, "International Structures and Indigenous Peoples," Indigenous Peoples' Politics: An Introduction, Vol. I, Marc A. Sills and Glenn T. Morris, ed's. (Denver: Fourth World Center for the Study of Indigenous Law and Politics, University of Colorado, 1993), 23-37.
• 2. "Statements of the United States of America on the Draft UN Declaration...." presented by Michael J. Dennis to the Working Group on the Rights of Indigenous Peoples, Geneva, Switzerland, November 23-30, 1995.
• 3. "Report of the Working Group established in accordance with Commission on Human Rights resolution 1995/32 of 3 March 1995," UN Doc. E/CN.4/1996/84 (4 January 1996).
• a. "Commentary: US Model of Indigenous Rights Subverts Inter-sessional Working Group," Fourth World Bulletin 5: 1-2, (Spring/Summer 1996), 1-4.
• i. Vinay Lal, "The Imperialism of Human Rights," Focus on Law Studies 8:1 (Fall, 1992), 5 et seq.
• ii. Rhoda E. Howard, "Human Rights and the Necessity for Cultural Change," Focus on Law Studies 8:1 (Fall, 1992), 4 et seq.
• iii. Amy Eckhart, "Women in International Refugee Law: The Outlaws of the World," Global Justice 4:2 (1994), 18-30.
• 4. "Statement of the Navajo Nation," presented by Martin Avery at the United States Consultation with the Indian Nations on the United Nations Draft Declaration ..., Washington, D.C., July 23, 1996.
• a. "Respect and Recognition for Indigenous Justice," Honorable Robert Yazzie, Harvard Conference on the Draft United Nations Declaration on the Rights of Indigenous Peoples: U.S. and Tribal Government Perspectives, J.F.K. School of Government, May 18, 1996.
• 5. "Position Paper on Indigenous Rights from the Perspective of the Cherokee Nation," presented at the United States Consultation with the Indian Nations ..., July 23, 1996.
• 6. "Rough Outline of Milo Yellowhair's Statement on the Draft UN Declaration...," Harvard Conference..., May 18, 1996.

C. State and Society

• 1. Karl Marx, "The Expropriation of the Agricultural Population from the Land," Capital, Vol. 1, Ben Fowkes, trans. (New York: Vintage, 1977), 877-895.
• 2. Stanley Diamond, "The Rule of Law versus the Order of Custom," In Search of the Primitive (Transaction Publishers, 1981); excerpt reprinted in Bonsignore, et al., Before the Law, 5th ed. (Boston: Houghton Mifflin, 1995): 536-543.
• a. Duke Adolphus Frederick of Mecklenburg, "A Land of Giants and Pygmies," In the Heart of Africa (London: Cassell, 1912); excerpt reprinted in Bonsignore, et al., Before the Law, 5th ed., 545.
• b. Colin M. Turnbull, The Lonely African (New York: Anchor Books, 1963), 149-153.
• c. Bruce Ottley, "Looking Back to the Future: The Colonial Origins of Current Attitudes Toward Customary Law," Custom at the Crossroads, Jonathan Aleck and Jackson Rannells, ed's.,(Waigani: Faculty of Law, University of Papua New Guinea, 1995) 97-107.
• d. Jean G. Zorn, "Customary Courts and Customary law: A Comparison of Papua New Guinean and American Indian Approaches," Custom at the Crossroads, 171-192.
• e. Rwezaura, "From Native Law and Custom to Customary Law: The Changing Political Uses of Customary Law in Modern Africa," Custom at the Crossroads, 207-225.
• 3. Marc A. Sills, "Political Interaction between States and Indigenous Nations: A Point of Departure," Indigenous Peoples' Politics: An Introduction, Vol. I, 5-22.
• 4. Peter d'Errico, "Sovereignty," Encyclopedia of Minorities in American Politics (Colorado Springs: Jeffrey D. Schultz, forthcoming).

D. Examples of conflicts

• 1. "Remarks of Grand Chief Matthew Coon Come," Canada Seminar, Harvard Center for International Affairs and Kennedy School of Government, October 28, 1996.
• a. John Greenwood, "The Vision of Matthew," The Financial Post Magazine, April, 1995: 23 et seq.
• b. Nicholas Blomley, "First Nations blockades in British Columbia," Canadian Law and Society Association Bulletin 20 (Fall, 1995), 4-9.
• 2. Joe Kane, "With Spears from All Sides," The New Yorker, September 27, 1993: 54-79.
• a. "In the Mail," The New Yorker, October 25, 1993: 10 et seq.
• b. Joe Kane, Moi Goes to Washington," The New Yorker, May 2, 1994: 74-81.
• c. Maxus employee manual (excerpt)
• d. Michael Christie, "Wave of Suicides Sweeps a Brazilian Indian Reserve." The Boston Globe, December 21, 1995: 21.
• 3. Native Forest Network, "Central America's Largest Virgin Rainforest Imminently Threatened," igc:nfn.tempforest (Internet: nfnena@igc.apc.org), May 1, 1997.
• 4. Third World Network, "Sarawak Natives Detained for Protest" (Internet: twn@igc.apc.org), 29 April 1997.
• 5. Adrian Levy, Cathy Scott-Clark, and David Harrison, "Save the rhino, but kill the people," Guardian Weekly, March 30, 1997: 5.
• 6. Paul Rexton Kan. "The Tension Between Rights, Development and the Environment: 'Damning' Third World Rivers," Global Justice 4:2 (1994), 31-35.
• 7. Vandana Shiva, "Farmers' Rights, Biodiversity and International Treaties," Global Justice 4:2 (1994), 4-17.
• a. Nikhil Azis S. Hemmady, "A Perspective From the South on the Next 500 Years," Global Justice 3:2-3 (1992), 44-47.
• 8. Claude E. Welch, Jr., and Marc Sills, :The Martyrdom of Ken Saro-Wiwa and the Future of Ogoni Self-Determination" Fourth World Bulletin 5: 1-2 (Spring/Summer 1996), 5-21.
• a. Lynda Schuster, "The Final Days of Dr. Doe," Granta 48 (Summer, 1994), 40-95.